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Unformatted text preview: quiring people to be truthful about matters they deem very private compromises privacy interests and invites dissimulation. One of the goals of the Fifth Amendment right against self-incrimination is the protection of privacy. The attorney-client, physician-patient, clergy-penitent, psychotherapist-patient and spousal privileges all have goals of protecting the privacy of individuals. The Supreme Court recently narrowed the "exculpatory no" doctrine, which immunized from criminal liability persons who make certain false statements. n89 The surviving doctrine presupposes the temptation to lie when the truth will almost surely lead to prosecution and conviction. SLHS Value File Sexual privacy is particularly important Anita L. Allen, Professor of Law, University of Pennsylvania Law School, "Reuschlein Lecture: Lying to Protect Privacy." Villanova Law Review, 1999. Sexual privacy is a vehicle and domain for self-expression. It is a realm in which excessive self-consciousness and conventionality can interfere with the pursuit of intimacy through genuine efforts to please and be pleased; a realm that can be diminished by accountability and ridicule. Imagine having to explain why one is attracted only to blonds or needs to hear gospel music to achieve an orgasm. Imagine trying to explain why you prefer phone sex with a near stranger to spending time with your wife. Sex is an area in which we encounter our desires, prejudices and shame, and cloak these emotions in privacy. Society can be hypocritical about sex, often criminalizing some of the very things consenting adults find most exciting. Privacy allows us to flout social and legal hypocrisy without paying a penalty. Sex in private is a realm in which we can come to see ourselves as we really are and find greater self-awareness; for achieving intimacy sometimes demands selfrevelation and the abandonment of habitual patterns of self-deception. SLHS Value File Privacy Bad
PRIVACY RIGHTS ARE IN CONFLICT WITH SOCIETAL WELFARE Amitai Etzioni, Professor, The George Washington University, THE LIMITS OF PRIVACY, 1999, p. 215. The conception expressed in the Fou...
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This document was uploaded on 11/20/2013.
- Fall '13